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<br />. <br /> <br />Sansonetti Resigning: Assistant Attorney General Thomas Sansonetti is resigning as head of the Justice <br />Department's environment and natural resources division. <br /> <br />Statewide <br /> <br />Colorado Supreme Court Reverses And Remands Upper Gunnison RICD Decree: On Mar. 14, the <br />Colorado Supreme Court reversed the water court decision and remanded the case back "to the water <br />court with instructions to remand to the CWCB for factual findings on whether the application-strictly <br />the stream flows and the recreation experience submitted--comports with the five statutory factors." <br /> <br />The Supreme Court held, among other things: 1) the General Assembly intended for the CWCB to <br />analyze the application purely as submitted by the applicant; 2) the CWCB's role under 216 is <br />constrained, but "not unimportant"; 3) the CWCB's findings are subject to a "preponderance of the <br />evidence" standard; 4) "if an appropriator seeks more than the minimum stream flow for a reasonable <br />recreation experience in an on the water, then by defmition, that would-be appropriator's intended use is <br />not a beneficial use.. .and the application cannot be granted"; 5) "the reasonableness of an appropriator's <br />sought recreation experience is directly related to the available unappropriated stream flow, thereby <br />depending entirely upon the river basin on which it is sought"; and, 6) "once the water court has <br />determined whether a RlCD application is for an objectively reasonable recreation experience in and on <br />the stream in question, then it must determine the minimurn amount of stream flow necessary to <br />accomplish that intended recreation experience. Hence, the water court may be required to weigh <br />conflicting expert testimony given by course designers or other interested parties, and make a finding as <br />to the least necessary stream flow to achieve an applicant's objectively reasonable recreation experience." <br /> <br />Copies of the decision are available at the following link: <br />http://www.courts.state.co.us/supctlopinions/2004/04SA44 . pdf <br /> <br />Board Members Confirmed: The confirmations of two re-appointed Board members and our new Board <br />member are moving though the Senate. Don Schwindt and Harold Miskel are our returning members and <br />Travis Smith from Del Norte will be representing the Rio Grande Basin. <br /> <br />Drought Update: Precipitation continues to be a mixed bag as we approach spring. Southern portions of <br />the state continue to receive generous snow amounts resulting in above average snowpack levels, while <br />most northern areas remain slightly below normal. On a western U.S. basis, the northwestern states are <br />experiencing much below normal precipitation and snowpack levels while the west and southwestern <br />states have seen above-average to record levels of precipitation. <br /> <br />. <br /> <br />Snowoack <br />As of March 9th, statewide snowpack levels are at 108%, down slightly from January's 116% average. <br /> <br />Snowoack Levels by Basin (3/9/05): <br />Gunnison Basin: 133% <br />Upper Colorado: 96% <br />South Platte: 82% <br />YampalWhite: 84% <br />Arkansas: 113% <br />Upper Rio Grande: 144% <br />Dolores. Animas. SJ 142% <br />Statewide Average-- 108% <br /> <br />II <br /> <br />2002 Snowoack Level 0/3/02) <br />Gunnison Basin: 58% <br />Upper Colorado: 70% <br />South Platte: 45% <br />YampalWhite: 72% <br />Arkansas: N/ A <br />Upper Rio Grande: 46% <br />Dolores. Animas. SJ: 45% <br />Statewide A verage-- 58% <br />